1 | A bill to be entitled |
2 | An act for the relief of Monika Davis by the Palm Beach |
3 | County School District; providing for the relief of Monika |
4 | Davis by and through Mary Hall, her mother and legal |
5 | guardian, for injuries and damages caused by the |
6 | negligence of the Palm Beach County School District; |
7 | providing for the use of funds; providing for attorney's |
8 | fees and costs; providing an effective date. |
9 |
|
10 | WHEREAS, on September 22, 2000, Monika Davis, a mentally |
11 | challenged, vulnerable adult female, was under the custody, |
12 | care, and control of the Palm Beach County School District, and |
13 | WHEREAS, the Palm Beach County School District was |
14 | obligated to provide continuous monitoring and supervision of |
15 | Monika Davis throughout the entire school period, and the school |
16 | district did, in fact, receive additional staff funding to carry |
17 | out that obligation, and |
18 | WHEREAS, the school district was expressly aware that a |
19 | male student who functioned at a higher mental level than Miss |
20 | Davis had sexually assaulted and battered numerous other female |
21 | students before he sexually battered Monika Davis, and the |
22 | school district also was obligated to provide continuous |
23 | monitoring and supervision of that male student throughout the |
24 | entire school period and received additional funding for that |
25 | purpose, and |
26 | WHEREAS, the Palm Beach County School District left both |
27 | Monika Davis and the male student in an unsupervised classroom |
28 | for an extended period of time, which resulted in the sexual |
29 | battery of Monika Davis by the male student, and |
30 | WHEREAS, after 6 days of trial, a Palm Beach County jury |
31 | returned a verdict finding that the school district's negligence |
32 | was the legal cause of traumatic psychological injuries and |
33 | damages suffered by Monika Davis, and |
34 | WHEREAS, a final judgment in the amount of $273,416.16 was |
35 | entered by Judge Diana Lewis of the Fifteenth Judicial Circuit, |
36 | and |
37 | WHEREAS, the Palm Beach County School District has |
38 | satisfied $100,000 of the amount of that judgment, leaving an |
39 | unpaid balance in the amount of $173,416.16, NOW, THEREFORE, |
40 |
|
41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
|
43 | Section 1. The facts stated in the preamble to this act |
44 | are found and declared to be true. |
45 | Section 2. The Palm Beach County School District is |
46 | directed to compensate Monika Davis, by and through Mary Hall, |
47 | her mother and legal guardian, in the amount of $173,416.16 for |
48 | injuries and damages caused by the negligence of the Palm Beach |
49 | County School District, such payment to be made in one lump sum |
50 | out of funds of the school district's reserve account budgeted |
51 | for such contingencies. After payment of statutory attorney's |
52 | fees and costs, the balance shall be paid into the restricted |
53 | guardianship account or the special needs trust account |
54 | established for Monika Davis. |
55 | Section 3. This act shall take effect upon becoming a law. |